Are mobile contracts binding to chequebacks?

oxymore

Basically, I bought the LG KC550 on a £25/mth, 12 months free Vodafone contract off the Phones4U website at the beginning of November.

When the phone came, I got a Samsung U900 instead of the LG KC550 and all my paperwork/contract said
Network: Vodafone
Handset: SAM U900 ORG C SILV

The Samsung U900 was locked to orange so I emailed Phones4U about unlocking it and there was a processing error and I would have to send the phone back which will then be replaced by the LG.

What I was wondering, is there any chance of being able to keep the Samsung U900? It is ultimately a much nicer phone than the LG and I have already grown used to using if, thinking they'd just sent it to me because they'd run out of the LG clearance phone. My paperwork all says SAM U900 ORG C SILV but would my chequeback be invalidated if I keep the phone as Phones4U are now aware of their mistake?

KettleFish_2

I am in exactly the same position as you. I kept the U900 and told nobody.

mobilejunkie

The t&c warn against changing the phone ordered for another. You should get their written agreement first or risk losing all the cashback. It's too late for Kettlefish, so he is wise to keep quiet. The phone model doesn't appear on the bills and it was the dealer's error so you may get away with it.

oxymore

I rang them up aswell and they said the cashback would be voided if I kept the phone. I do feel very reluctant to send the phone back, it's already been used for a month too! Do you mean try emailing them to see if I will still get my cashback? Not quite sure how to ask them as they've just told me to send the phone back.. will they have a record on their system that you have a mismatching phone? On the back of my claim form one of the T+C's says "Non-identical handset exchanges will invalidate all Chequeback redemptions" so do they actually check your original order to any exchanges you have made? Is that how they would find out when you claim? Thanks

mobilejunkie

I know - it's also in the t&c which you'd know if you'd read them from day one or before. Usually they make a note of all telephone conversations and allocate a reference number. Of course, you didn't exchange it - they sent you a different handset in the first place. I wouldn't have asked, but calling isn't written! Basically whatever you do there is no certain outcome. I would have made this decision immediately and played it accordingly. Now you are in no-man's land to some extent. I think I would (had I got myself into that situation in the first place) send an email and ask the question (now you've spoken with them) but not refer to the previous conversation. What happens then depends on their answer, but again I would already have decided what I would do dependent on which answer I got (or didn't get!).

oxymore

I think I should have asked on here before I'd contacted them! I just thought they'd run out of the other phone. Anyway, I emailed them previously about the phone being locked and then they sent me the following reply.

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Thank you for your email dated 7th December 2008, regarding the order placed online.

I apologise for any inconvenience caused, however it seems that a processing error has resulted in the incorrect handset being dispatched.

Your original order was for the LG KC550 on the Anytime £25 tariff. This tariff included a chequeback of £300.

I have arranged for a returns bag to be issued to enable you to return the U900. Upon reciept of your handset the LG KC550 which you ordered will be dispatched.

Should you require any further assistance, please contact our Customer Resolution Team on 08450 720 222.

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I then telephoned them where they told me the chequeback would be void.

So I guess all I can do now is email them and ask if my chequeback is valid if I keep the phone? Surely that would just be an automatic no considering this email? Or hang on with the U900 and hope they don't check previous correspondance when I make my first chequeback claim?

Thanks for your advice. Do you think that if I hadn't alerted them, they would never have noticed the different handsets when I try to claim? Even though it was their mistake, they could ask why you didn't report it to them?

diamonds

id ask for dispatch of the LG first since you have a contract you cant use

mobilejunkie

oxymore:- water under the bridge. Yes. No. I wouldn't wait for the replacement; the cashback is the most important thing. Keep their email; if there is ever a problem (which I doubt if you return the phone) you can prove it was their error.

oxymore

Ok right now I have actually received an email from them which appears to say I can keep the phone! Do you think this would be ok to keep the phone and use this now as confirmation when I claim back, to prove that my claim is still valid if there is a problem? Very strange!!

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Thank you very much for your reply.
Can you confirm will my chequeback be valid with my current handset Samsung U900?
Thank you.

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Thank you for your emailed response regarding your Cheque back claims.

I can confirm that the change of handset to the Samsung U900 will not affect your Cheque back claims.

If you require any further assistance please contact us at [EMAIL="talktous@phones4u.co.uk"]talktous@phones4u.co.uk [/EMAIL]and we will be happy to help.

mobilejunkie

Keep the phone - and the email.